TERMS
& CONDITIONS OF TRADE
Brinsea
Products provide their services to you subject
to the following conditions. If you visit or shop at
Brinsea.com, you accept these conditions.
ELECTRONIC
COMMUNICATIONS
When you visit Brinsea.com or send e-mails to us, you
are communicating with us electronically. You consent
to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices,
disclosures and other communications that we provide
to you electronically satisfy any legal requirement
that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of
Brinsea Products or its content suppliers and protected
by United States and international copyright laws. The
compilation of all content on this site is the exclusive
property of Brinsea Products and protected by U.S. and
international copyright laws. All software used on this
site is the property of Brinsea Products or its software
suppliers and protected by United States and international
copyright laws.
TRADEMARKS
Octagon, Omnitherm and other marks indicated on our
site are registered trademarks of Brinsea Products in
the United States and other countries. Brinsea Products
trademarks may not be used in connection with any product
or service that is not Brinsea Products in any manner
that is likely to cause confusion among customers, or
in any manner that disparages or discredits Brinsea
Products. All other trademarks not owned by Brinsea
Products that appear on this site are the property of
their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Brinsea Products.
PATENTS
One or more United States and international patents
apply to products offered on this site.
LICENSE
AND SITE ACCESS
Brinsea Products grants you a limited license to access
and make personal use of this site and not to download
(other than page caching) or modify it, or any portion
of it, except with express written consent of Brinsea
Products. This license does not include any resale or
commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents; any
downloading or copying of account information for the
benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express
written consent of Brinsea Products. You may not frame
or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of Brinsea Products without
express written consent. You may not use any meta tags
or any other "hidden text" utilizing Brinsea
Products name or trademarks without the express written
consent of Brinsea Products. Any unauthorized use terminates
the permission or license granted by Brinsea Products.
You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Brinsea.com
so long as the link does not portray Brinsea Products,
their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Brinsea
Products logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR
ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and
for restricting access to your computer, and you agree
to accept responsibility for all activities that occur
under your account or password. Brinsea Products does
sell products for children, but it sells them to adults,
who can purchase with a credit card. If you are under
18, you may use Brinsea.com only with involvement of
a parent or guardian. Brinsea Products reserve the right
to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and submit suggestions,
ideas, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the
origin of a review or other content. Brinsea Products
reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless
we indicate otherwise, you grant Brinsea Products a
nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the
world in any media. You grant Brinsea Products and sublicensees
the right to use the name that you submit in connection
with such content, if they choose. You represent and
warrant that you own or otherwise control all of the
rights to the content that you post; that the content
is accurate; that use of the content you supply does
not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Brinsea
Products for all claims resulting from content you supply.
Brinsea Products has the right but not the obligation
to monitor and edit or remove any activity or content.
Brinsea Products takes no responsibility and assumes
no liability for any content posted by you or any third
party.
LINKS
Brinsea.com may automatically produce links to third
party sites throughout the web. Brinsea Products has
no control over these sites or their content and cannot
guarantee, represent or warrant that the content in
such sites is accurate, legal and/or inoffensive. Brinsea
Products does not endorse the content of any third party
site, nor can we warrant that such sites will not contain
viruses or otherwise impact your computer. By using
Brinsea.com, you agree and understand that you may not
make any claims against Brinsea Products for any damages,
losses whatsoever which result from your use of the
site to obtain search results and/or to link to another
site.
RISK
OF LOSS
All items purchased from Brinsea.com are made pursuant
to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery
to the carrier.
PRODUCT
DESCRIPTIONS
Brinsea Products attempt to be as accurate as possible.
However, Brinsea Products does not warrant that product
descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product
offered by Brinsea Products is not as described, your
sole remedy is to return it in unused condition.
PRICES
The prices advertised on this site are for Internet
orders and may differ from those charged at other outlets
or resellers. Brinsea Products does not have a price-matching
policy at this time. We do, however, consistently work
toward maintaining competitive prices on everything
we carry. All prices are listed in U.S. dollars. Prices,
inventory and availability are subject to change without
notice.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Brinsea Products on an "as
is" and "as available" basis. Brinsea
Products makes no representations or warranties of any
kind, express or implied, as to the operation of this
site or the information, content or materials included
on this site. You expressly agree that your use of this
site is at your sole risk.
Brinsea Products does not warrant that this site, its
servers or e-mail sent from Brinsea Products are free
of viruses or other harmful components. Brinsea Products
will not be liable for any damages of any kind arising
from the use of this site, including, but not limited
to direct, indirect, incidental, punitive and consequential
damages. Certain state laws do not allow limitations
on implied warranties or the exclusion or limitation
of certain damages. If these laws apply to you, some
or all of the above disclaimers, exclusions or limitations
may not apply to you and you might have additional rights.
APPLICABLE
LAW
By visiting Brinsea.com, you agree that the laws of
the state of Florida, without regard to principles of
conflict of laws, will govern these Terms and Conditions
and any dispute of any sort that might arise between
you and Brinsea Products.
DISPUTES
Any dispute relating in any way to your visit to Brinsea.com
or to products you purchase through Brinsea.com shall
be submitted to confidential arbitration in Brevard
County, Florida, except that, to the extent you have
in any manner violated or threatened to violate Brinsea
Products intellectual property rights, Brinsea Products
may seek injunctive or other appropriate relief in any
state or federal court in the state of Florida, and
you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject
to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy
policy, posted on this site. These policies also govern
your visit to Brinsea.com. We reserve the right to make
changes to our site, policies, and these Terms and Conditions
at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
OUR
ADDRESS
Brinsea Products Inc.
704 N. Dixie Ave.
Titusville, FL 32796
http://www.Brinsea.com
© Brinsea
Products Inc 2006
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